Is Lethal Injection 'Cruel'?

Lawyers For Two Death Row Inmates Argue That Lethal Injection Violates The 8th Amendment

(CBS)  Lawyers for two Kentucky death row inmates - Ralph Baze and Thomas Bowling - are presenting a novel argument to the nation's highest court - not that the death penalty should be abolished, but how the two convicted murderers should be executed.

They claim the lethal injection method used in 35 states can cause pain and suffering, a violation of the 8th Amendment, which prohibits cruel and unusual punishment.

"From the very beginning," says Forham University Law professor Deborah Denno, "from the very first execution, there've been signs of consistent egregious problems that exist to the present day."

Lethal injection puts three chemicals into the condemned inmate; sodium thiopental, to cause unconsciousness, pancuronium bromide, to paralyze the inmate and sodium pentobarbital, a quick killing agent which induces a heart attack. It's supposed to bring death in two to ten minutes.

But Denno, a death penalty expert, told CBS News correspondent Randall Pinkston that the drugs are sometimes injected improperly. It happened in 2006 in the execution of Angel Diaz in Florida.

"For 32 minutes," Denno said, "Angel Diaz was grimacing, experiencing pain, groaning...he really suffered horribly during his death."

Michael Rushford of the Criminal Justice Legal Foundation told Pinkston, "the Constitution doesn't give a murderer a right to a pain-free execution."

Rushford's organization supports lethal injection, but acknowledges there are problems.

"The people that administer these drugs need to be trained to do it correctly," Rushford said.

Lawyers for the Kentucky inmates propose using one quick-acting drug, not three.

"If you just give one drug," said Denno, "then there's certainty that there will be death and that death will be humane."

Since the Supreme Court decided to rule on lethal injection, states have observed an unofficial temporary delay in carrying out the death penalty. A decision by the court is expected to come later this year.

[dountoothers]

To all the people that think they don''t deserve dieing for what they did. Why don''t you put one of your loved ones in the cell with them and don''t complain when they rape or kill them. Why don''t you just let them live with the lawyers that defend and get them off.

[gobunny1]

Since when did it start to matter that some low-life scum-bag murderer, rapist, child abductor should deserve a second thought from anyone about suffering a painful death. Who cares? Did they care when they raped a 3 month old baby and tore her to pieces while she helplessly screamed in pain until she died? or the rapist of an elderly innocent and helpless, defensive person that they also murdered and possibly tortured along with it. Do these maniacs who cut up people while they are still alive and cause them pain like no one could ever even imagine, deserve the least bit of consideration about whether they suffer pain. I hope they do. I wish their could be monitered to equal that of the pain that they inflicted on their victims. What a bunch of sick bleeding hearts you all are to even give it a second thought. Did you ever hear the phrase "Do the crime, do the time"? How about focusing on the innocent victims instead of the digusting, worthless piece of trash that is on death row for what he/she did to their victim. I think when they did that, they should have lost all rights and consideration for pain and suffering. What has happened to this whole system? Next, you''ll be wanting to rehabilitate them by putting them to work in day care centers! Let them suffer, who cares?

Could you please block leafsntrees. They are obviously hijacking the feedback to serve thier own nonsensical agenda.....Thanks

[frostbyte007]

You have a drug that puts you to sleep for 5 minutes. Okay let us pretend it does not work. You then get a drug that paralyzes you in 2 minutes. Okay let us pretend that both these drugs did not work. The final drug stops your heart instantly. Is it the most humane way to execute a person? Only the dead really know but it sounds like the way I would want to go. The sympathy that the bleeding hearts have for these people that brutally murdered their victims, without sympathy or regard for the humanity of it, should be directed to the families of the victims. No one sees the outrage in protesting a funeral of a service member who died in service to his or her country but they are horrified because someone is humanly executed. Work with the criminals in a prison setting and you will understand the true inhumanity that exists in people.

[haynes321]

I cannot imagine that this has gone to the high court! Cruel punishment? Causes pain and suffering? Who cares! I do not think that Mr. Baze gave one ounce of consideration to the pain and suffering that he caused the two law officers when he shot them. Do you think he cared that they would be in pain and suffer? And to think that these two non-law abiding citizens have the right to choose which way they die, or if they die...just outrageous!

[steve_jenn]

Lethal injection is like putting an animal to sleep. It is not cruel, the person who was murdered was treated cruelly not to mention the families of the victim. Hanging, the electric chair and the gas chaimber should be put to active use in all states. Prison is for punishment no rehabilitation. In addition child milestation, and rape should be added to the death penalty. The execution should be broadcast in the prison. The minimum age for executuin should be 21 but a child offender should be kept in reform school until 21 then executed. I feel the only way a prisoner should be spared is if they are given reprieve from the family of the victim and if they are a repeat offender the executuion should be automatic. We should also limit appeals to 2.